Who Inherits Property Without a Will Under the Hindu Succession Act

When a Hindu man dies without a will, his property goes first to his Class I heirs under section 8 of the Hindu Succession Act, 1956: mainly his widow, sons, daughters and mother, who take together and in equal shares. The father is only a Class II heir. When a Hindu woman dies without a will, sections 15 and 16 apply: her sons, daughters and husband come first. Since 2005, a daughter is a coparcener by birth in ancestral property, just like a son.

When a Hindu man dies without a will

A person who dies without a valid will is said to die “intestate”. For a Hindu male, section 8 sets the order:

1. Class I heirs take first. They include the widow, sons, daughters and mother, and also the children and widows of predeceased sons and children of predeceased daughters, as listed in the Schedule.
2. If there is no Class I heir, Class II heirs take, in the order of entries in the Schedule. The father is the first entry in Class II.
3. If there is no Class II heir, agnates (relatives through males), then cognates.

All Class I heirs take at the same time. Each living son, each living daughter, the widow and the mother get one share each. The branch of a predeceased son or daughter takes one share between them.

Example: Rakesh of Varanasi dies without a will, leaving a flat he bought himself. He is survived by his wife Sunita, son Aman, daughter Priya and mother Kamla. Each of the four gets one-fourth. His father, if alive, gets nothing from this flat, because Class I heirs exist.

When a Hindu woman dies without a will

Sections 15 and 16 apply. Her property goes:

1. first to her sons and daughters (including children of a predeceased son or daughter) and her husband;
2. then to the heirs of her husband;
3. then to her mother and father;
4. then to the heirs of her father, and lastly the heirs of her mother.

There is a special rule when she has no son, daughter or children of predeceased children. Property she inherited from her father or mother goes back to the heirs of her father. Property she inherited from her husband or father-in-law goes to the heirs of her husband. Self-acquired property follows the ordinary order.

Daughters, widows and mothers

• Daughter: after the 2005 amendment to section 6, a daughter is a coparcener by birth in a Hindu joint family (Mitakshara) property, with the same rights and liabilities as a son. In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that her right does not depend on her father being alive on 9 September 2005. Marriage does not take this right away.
• Widow: she is a Class I heir and takes one share equal to each child. She can also hold and deal with what she inherits as full owner.
• Mother: she is a Class I heir of her son. Families often forget this when the son was married.

Nominees are not owners (with one insurance exception)

A nominee in a bank account, fixed deposit, shares or mutual fund generally receives the money only as a trustee or custodian for the legal heirs. In Shakti Yezdani v. Jayanand Jayant Salgaonkar (2023), the Supreme Court held that nomination in shares does not override succession law. So if Rakesh named only his son as nominee, the bank pays the son, but Sunita, Priya and Kamla can still claim their shares from him.

Life insurance has a special rule. Section 39(7) of the Insurance Act, 1938, added in 2015, says that where the nominee is the policyholder’s parent, spouse or child (or a combination), the nominee is “beneficially entitled” to the policy money, unless it is shown that the policyholder could not lawfully confer that benefit. High Courts have not applied this uniformly, so get advice if the amount is large.

Other religions, briefly

• Muslims: inheritance follows Muslim personal law (Sunni and Shia schools differ on shares).
• Christians and Parsis: the Indian Succession Act, 1925 governs intestate succession, with separate rules for Parsis.
• Anyone can avoid these default rules by writing a valid will. See how to write a will in India.

Documents the family will need

• Death certificate.
• Legal heir certificate for pensions, utility transfers and smaller claims. See legal heir certificate in Uttar Pradesh.
• Succession certificate from the civil court for debts and securities such as bank deposits and shares. See succession certificate procedure.
• Property papers, mutation application, and family settlement deed if the heirs agree on a division.

Frequently asked questions

Does a married daughter get a share in her father’s property?

Yes. She is a Class I heir for his self-acquired property, and a coparcener by birth in joint family property. Marriage does not matter.

Does the father get a share if his son dies without a will?

Not if the son leaves a widow, child or mother. The father is a Class II heir.

Can the nominee in a bank account keep all the money?

Generally no. The nominee receives it but holds it for the legal heirs.

Is a succession certificate needed for a house?

Usually not for land or buildings; it is mainly for debts and securities. Mutation of land and property records follows local revenue rules.

Can heirs divide property without going to court?

Yes, by a family settlement or partition deed. Registration and stamp duty rules of the state apply.

Quick quiz

To understand wills, inheritance and family law end to end, take Everyday Law for Every Indian.

Sources

• Hindu Succession Act, 1956, sections 6, 8, 9, 15, 16 and the Schedule
• Insurance Act, 1938, section 39 (as amended by the Insurance Laws (Amendment) Act, 2015)
• Indian Succession Act, 1925
• Vineeta Sharma v. Rakesh Sharma (Supreme Court, 2020)
• Shakti Yezdani v. Jayanand Jayant Salgaonkar (Supreme Court, 2023)

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.